The country’s bishops have issued a document recalling that abortion has not been legitimized and that a person’s right to life is still inviolable

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Pubblicato il
10/07/2014

Ultima modifica il 11/07/2014 alle ore 10:36

Conscientious objection is the best way to defy the Reproductive health bill in December 2012 which the Supreme Court officially approved last April. After Parliament approved the controversial provision in December 2012, despite strong opposition from the Philippine Church, some Catholic politicians presented a series of appeals in a final desperate attempt to contest the constitutional legitimacy of the law. The verdict issued by the court means all provisions relating to contraception and sex education are now enforceable. The idea is to spread a culture of family planning and encourage birth control. The Philippine bishops who have been holding a plenary session in recent days, have tried to save the situation by issuing a “pastoral guide”.

There is a way to safeguard the rights and freedom of those who do not agree with the spirit and content of this bill: Catholic priests, doctors and health workers , government officials and educators can exercise their right to conscientious objection.

“It is our pastoral duty to pass the necessary information and instruction to our Catholics who, as health care workers (physicians, nurses, midwives, medical aides, medical technologists, etc.), are employed in health facilities, whether public or private, so that they may know what their rights are.” The court’s verdict is set out in a 104-page-long document that only experts will be able to read in its entirety. Filipino bishops are presenting themselves as masters of the faith and of morality and are trying to inform and raise awareness among Catholics.

The first point regards abortion. There are no legal provisions for the practice of abortion and the use of pills or drugs that are used to induce abortion. The wilful termination of a pregnancy is not acceptable in any way and is forbidden by the Philippine Constitution. No doctor can force a patient to undergo an abortion, even less so if he or she presents it as a fast-track method of contraception. “The right to life is grounded on natural law and is inherent in a person” and it “precedes and transcends any authority or the laws of men,” the document reads.

Secondly, bishops recall that the distribution and dispensation of contraceptive drugs and devices” is by a duly licensed drug store or pharmaceutical company and with the prescription of a qualified medical practitioner” and cannot be sold, dispensed or distributed, without thought and consideration, by young people in schools and poor communities. It is a legal practice that must, however, be duly controlled. Prescription drugs such as hormonal contraceptives must be tested in order to ensure there is no risk of side-effects for the woman and that the drugs do not induce abortion.

Thirdly, all Catholic practitioners who intend to practice their faith in their profession, can refuse “to supply information or services” declaring themselves to be conscientious objectors, the fundamental principle being “the inviolability of the human conscience,” which no law can take away from someone. The court recognised the right of Catholics to opt out of acts “that they find morally repugnant or offensive." The court advises heads of departments, hospitals and public offices that are required to implement provisions set forth by the law, not to become conscientious objectors so as to ensure the service is provided. Conscientious objection does not extend to emergency cases, when a mother’s life is at risk (this principle is also recognised by Catholic doctrine).

The final point the Philippine Church makes, is to do with the state policy regarding the protection. In their pastoral guidance document, bishops recall that when a married person seeks an irreversible form of contraception (vasectomy and tubal ligation provide the most ready examples), BOTH SPOUSES must give their consent, and when the spouses disagree, the procedure may not be performed.” “The State cannot replace her natural mother and father when it comes to providing her needs and comfort,” the document reads.

Health or private educational institutions are not obliged to implement the “Rh Bill”, meaning that Catholic schools and hospitals may continue to provide services in accordance with the principles of their faith. Educational freedom is safeguarded. “[We] must prepare our youngsters to be responsible parents,” the prelates say. The value of corporeity, premarital chastity, education regarding the male-female relationship and natural contraceptive methods remain l sacred to the Catholic Church. "Truly children are a gift from the Lord,” the bishops conclude by saying in their document, signed by the President of the Catholic Bishops’ Conference of the Philippines, Socrates Villegas.

In the wake of controversial bill, relations between the Philippine Church and State can become stable again. The Church still has the strongest influence over the country’s ethical and moral education but it is aware that it cannot expect the establishment of a confessional state and is trying to adapt to this by adopting a more collaborative approach. It maintains its freedom and independence just as the public institutions maintain their secularism. A situation which could be beneficial for all.